Justice Ginsburg’s Death Will Fan the Political Firestorm

Supreme Court Justice Ruth Bader Ginsburg

Condolences and prayers go out to the family and friends of Supreme Court Justice Ruth Bader Ginsburg. The death of a Supreme Court justice always generates a contentious political atmosphere surrounding the replacement nomination and confirmation. But, this one will almost certainly ignite the most explosive judicial process in our history.

Over the recent months, I have thought our nation couldn’t be more divided. What could be worse than the combined bashing of the president, the racial strife, the riots, the anti-law-enforcement acts, and the fiery presidential race. Well, we just learned what could be worse. The next month-and-a-half will see the aforementioned egregious issues grow in magnitude while the justice nomination and confirmation pour fuel on the fire.

President Trump, without a doubt, has the constitutional right, further, the obligation, to nominate a replacement justice without consideration of the approaching election. The Senate, likewise, has the constitutional right, again, the obligation, to decide on confirmation of the nominee. The Democrats will decry with a vengeance such a constitutional action.

The principal argument of the Democrats will be the perceived precedent set by the Senate in 2016 by its declining to confirm President Obama’s election year nomination of liberal-leaning Merrick Garland to replace conservative-leaning Antonin Scalia. The Republican majority Senate simply didn’t schedule the vote. After Trump was elected, he nominated conservative-leaning justice, Neil Gorsuch, who was confirmed by the Senate. There is essentially no difference in the current situation and that of 2016. Both cases were according to the Constitution. In each case, the president nominated and the Senate decided whether to confirm. In 2016, the Senate chose to reject confirmation; in 2020, the Senate can choose to confirm. Both actions are constitutional, and both are by duly elected representatives of the American people.

In all 29 cases of past election year vacancies, the president nominated a replacement, and the Senate acted on it. The Democrats have presented many quotes of 2016 conservatives opposing election year justice replacement. There are just as many quotes from 2016 liberals advocating election year replacement including then-Vice President Joe Biden, Senator Schumer, and Justice Ginsburg. That’s just politics.

One difference consideration between the 2020 and 2016 situation is that, in 2016, the people’s 2012 election of a Democratic president and 2014 election of a Republican majority Senate left their will regarding the justice nomination somewhat in question. The people’s will in the current nomination is obvious from their electing both a Republican president and a Republican majority Senate. Delaying the process in 2020 would be ignoring the will of the people who voted for this Republican president and Senate majority largely based on anticipated Supreme Court vacancies.

In the upcoming confirmation process, the rub is going to be with a few Republican senators in very close races, particularly those in liberal states. For them, taking a strong conservative stance on confirmation could lose their seat, and the Senate could lose its slim majority. Another issue is the time frame of confirmation. Getting a nomination and confirmation by election day is very optimistic. Of course, the Trump presidency and the senate majority hold until January regardless of the election outcome. But, depending on how America votes, confirmation by a lame-duck senate would be even more contentious, but totally constitutional.

So, get ready! Hang on! If you thought you were witnessing a political firestorm now, standby for the perfect firestorm. Pray that the antifa rioters and killers don’t see this as a new cause to kill more cops, burn more buildings, and loot more stores.

The Lowest Low in American Politics Just Happened

I have thought many times over the past year that our political landscape couldn’t get any worse. Every time I was wrong–it got worse. The past week has been the worst yet. I never thought I would see America’s top liberal leaders stoop so low. Now, a Republican Senator has given the Democrats another week to wield a death blow to a dying confirmation process. This is the new low of the left’s destructive hold on America.

I do believe Dr. Ford experienced some kind of traumatic sexual assault as a teen. Surely no one could lie with such passion if she really didn’t think in her heart and soul that it happened as she told it. However, evidence, or lack of evidence, convinces me that somehow a psychological manifestation has twisted the facts in her personal remembrance of the experience. I also, believe Judge Kavanaugh is truthful as clearly evidenced by testimony, documentation, and reputation.

This week’s farcical circus of a Senate confirmation for Judge Kavanaugh has made a sham of fundamental Constitutional law. The two most basic principles of American law are innocent until proven guilty and the burden of proof is on the accuser. Yet, with no corroboration of the accuser’s allegation and overwhelming testimony to the innocence of the accused, the Senate Democrats have done everything imaginable to bestow sainthood on the accuser and demonize the accused.

America anticipated a fair hearing. What was played out in the homes of millions of viewers was deceptive politics, ego mania, partisan maneuvering for the mid-term election, and hate for the President. All this was done with total disregard for the toll it took on the lives of the two people testifying. It was never about Kavanaugh and Ford. It was about the leftist egoists on the committee and their panic attack over the potential return of the Supreme Court to the Constitution.

At the conclusion of the highly charged and embarrassing hearing, reasonable minds were about to prevail in what should have been a committee vote to proceed and a likely floor vote to confirm. Then, the bombshell. Republican Senator Flake, under extreme pressure from a Democrat close friend and a few radical women, brought the rightful move toward timely confirmation to a screeching halt. An additional FBI investigation the Democrats had been screaming for all week, but just short of getting, was handed to them on a platter–by a Republican. That gave two other Republicans a pass to jump on the bandwagon of redundant investigation.

The week-long delay for yet another FBI investigation of spurious accusations will have little to do with getting to the truth, and everything to do with Democrats buying time to think up another tactic. Since the hearing didn’t swing enough votes to deny the President’s nomination despite their theatrics, the Democrats desperately needed time to regroup. Over the next week, don’t expect to see the Democrats sit quietly awaiting the FBI report. We will see a feeding frenzy of hundreds of fanatics dispatched from sea to shining sea to find something, anything, that could possibly support their objective or justify further delay. When the week ends, we will see the Democrats with all kinds of reasons to demand further time. Their immediate objective is to avoid a floor vote until after the election in hopes of that big blue wave. Their ultimate objective is to deal a devastating blow to the President. Participation by Democrats in the whole confirmation process has been a means to that end.

If the vast majority of Americans can’t see this for what it is, we are in even bigger trouble than I had thought. A huge liberal-socialist faction has been mushrooming in this country for several years led by a liberal bureaucracy and fueled by the liberal media. Their agenda is to transform America into an immoral, socialist, atheistic society that will destroy us from within. It is becoming more than a conservative President and a few truly conservative Congressmen can defend against. I’m becoming less confident that the good people in this country will have the stomach and back bone to protect and preserve our democracy and freedom for their children and grandchildren.

My only real hope is that I know the all-knowing God isn’t fooled by any of this. His will ultimately prevails. But the scriptures teach that He works through His people. The vote is the most powerful weapon we have. Encourage everyone you know to keep America strong by voting for brave, unwavering, and godly men and women to represent us. Men and women who will stand up for the Constitution and our time-proven principles and values.

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Reshaping the Supreme Court

The main reason many voted for President Trump is about to be justified for the second time in 18 months. The president’s nomination and Senate confirmation of Justice Kennedy’s replacement will change the dynamic of the Supreme Court significantly. Let’s examine the Court’s current makeup and how this new justice will impact America.

America’s highest judicial body, the Supreme Court, consists of nine justices nominated by the president and confirmed by the Senate. Presently, they are (above, front row, left to right) Ruth Bader Ginsburg, Anthony Kennedy, John Robert (Chief Justice), Clarence Thomas, Stephen Breyer, (back row, left to right) Elena Kagan, Samuel Alito, Sonia Sotomayor, and Neil Gorsuch.

Although justices and judges are supposed to be unbiased in their decisions based on the letter of the law and legal precedence, they are human with principles and values shaped by life experiences, education, and environment. Four of these justices, Robert, Thomas, Alito, and Gorsuch usually lean to the conservative view of sociopolitical issues. Four of the others, Ginsburg, Breyer, Kagan, and Sotomayor lean mostly to the liberal view. Justice Kennedy, a conservative nominated by Reagan, often favors the liberal view in decisions and has been labeled the “swing vote.” So, many Court decisions are 5-4 with Kennedy breaking the tie in favor of either a liberal or conservative ruling. Recently, he was the deciding vote in favor of gay marriage and abortion rights.

With Justice Kennedy’s resignation, President Trump’s choice will be a stronger leaning conservative. This should portend a 5-4 decision favoring the conservative world view on many more issues. If any of the justices are considered a swing voter in future rulings, it will probably be Justice Robert who is a stronger conservative than Justice Kennedy.

Then, there is considerable likelihood that Justice Ginsburg will resign voluntarily or due to poor health during President Trump’s term in the White House. She is 85 (Justice Kennedy was 81). She is the most staunch liberal on the Court. That would result in a conservative majority of 6-3, or 5-4 with a swing vote toward the liberal side. The president will nominate a relatively young justice. His nomination of Gorsuch seated the Court’s youngest justice at age 50. Therefore, 5 or 6 strong conservative justices should be on the bench for many years.

This is a tectonic shift from the liberal-leaning Supreme Court of the last few decades. It will be a reversing trend away from liberal rulings on social issues such as abortion, gay marriage, LGBT rights, prayer in schools, religious freedom, universal health care, immigration, etc. Legislation from the bench will be returned to its rightful place in the legislative branch. The Constitution now often viewed as an evolving living document will be reinterpreted by the Court as a firm foundational standard.

Because of this judicial shakeup, the liberals are apoplectic over this nomination. Many liberal leaders are calling for voters to deluge the Senate with insistence that they oppose any and all nominations from President Trump. Suddenly, Roe v. Wade has become the most important legal precedent in America. Look for the wildest confirmation process in the history of Supreme Court nominations. Fortunately, conservatives can thank former Senate Majority Leader Harry Reid and the Obama administration for declaring the “nuclear option” in a previous justice confirmation when it benefited liberals. This procedural option of requiring a simple majority of 51 votes rather than a super-majority of 60 votes is now the precedent for confirmations. It will also eliminate the filibuster.

The long-term positive impact of this administration’s second new justice (and perhaps a third new one soon) on the survival of America as a free capitalist republic is immeasurable. Thank God for the election of 2016 and pray for a continuing conservative White House and congressional majority.

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